Legal Opinion
People v. May
Appellate Division of the Supreme Court of the State of New York
Decided February 27, 1992PublishedCited by 9 opinions
1Opinion of the Court
Appeal from a judgment of the County Court of Rensselaer County (Dwyer Jr., J.), rendered January 9, 1991, convicting defendant upon his plea of guilty of the crimes of rape in the second degree (two counts) and incest.
Due to the People’s failure to comply with the filing requirements of CPL 400.21 (2), defendant’s sentence is invalid as a matter of law and must be set aside (see, People v Gilchrist, 152 AD2d 923; People v Scarbrough, 105 AD2d 1107, 1108 [dissenting mem], revd on dissenting mem below 66 N5T2d 673). Given the mandatory nature of the filing requirements (see, People v…
2Cases cited3 opinions
- People v. ScarbroughNew York Court of Appeals · 1985
- People v. ScarbroughAppellate Division of the Supreme Court of the State of New York · 1984
- People v. GilchristAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by9 opinions
- People v. PierreAppellate Division of the Supreme Court of the State of New York · 2004
- People v. RuddyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1995
- People v. MercerAppellate Division of the Supreme Court of the State of New York · 2013
- People v. MelendezAppellate Division of the Supreme Court of the State of New York · 1998
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